Is Delta 8 Legal in Montana? Exploring State Regulations

Is Delta 8 Legal in Montana? Exploring State Regulations

Is Delta 8 legal in Montana? The increasing prevalence of hemp-based items has made this query an ever more pertinent one. The answer, however, is not straightforward and requires an understanding of both federal and state laws regarding cannabinoids like Delta 8 THC.

In this blog post, we will delve into the intricacies of the 2018 Farm Bill that created a loophole for the transportation of hemp-derived Delta-8 on a national level. We'll also examine Montana's Controlled Substances Act and its implications on whether or not it is legal to buy Delta 8 products in the state. Let's get started, Is Delta 8 Legal in Montana?

Delta 8 THC and the 2018 Farm Bill

The 2018 Farm Bill legalized hemp on a federal level, creating new opportunities for the industry. Inadvertently creating a loophole allowing for hemp-derived Delta 8 THC products to be transported across state lines. Under this definition, Delta-8 counts as both THC and an isomer of THC, making it arguably legal on a national level.

Federal Law Suggests that Hemp-derived Delta-8 Should be Legal Nationwide

  • Eighth carbon chain: The main difference between Delta-9 and Delta-8 lies in their molecular structure - specifically where the double bond of Delta-8 occurs on its eighth carbon chain. Both cannabinoids are psychoactive but with varying degrees of potency.
  • Federal legalization: As long as these substances are derived from federally legalized hemp plants containing less than 0.3% Delta-9 concentrations, they should technically be considered lawful under current legislation.
  • Caveats: Despite being deemed permissible at a federal level due to loopholes found within existing cannabis laws, individual states still retain autonomy over how they choose to regulate such compounds - meaning that their legal status can vary greatly depending on where you reside.

Despite the 2018 Farm Bill allowing the transportation of hemp-derived Delta 8, Montana's Controlled Substances Act does not make any exception for this form of tetrahydrocannabinol derived from hemp plants. Therefore, purchasing and possessing Delta Eight remains illegal under Montana's law.

Montana's Controlled Substances Act

Montana's Controlled Substances Act considers all forms of THC, including Delta-8 and other types derived from hemp plants, as Schedule I controlled substances, regardless of their origin. This means that it's prohibited to buy Delta-8 THC or possess these products in Montana, and penalties range from fines to imprisonment. 

Hemp-derived CBD containing less than 0.3% delta-9 THC is legally accessible in Montana under both federal law and state regulations. It is essential for hemp and cannabis users to be aware of local laws before purchasing or using any cannabinoid-based products.

CBD vs. Other Cannabinoids in Montana

Recreational marijuana use has been legalized in Montana through Initiative Number I190 & CI118, but retail sales have not yet begun. Until dispensaries for legal adult-use marijuana products are operational and licensed, purchasing and possessing THC-containing products remains illegal under state law. However, CBD remains legally available in Montana.

Hemp-Derived Products Like CBD Remain Legally Accessible

  • Federal Law: Thanks to the 2018 Farm Bill, hemp-derived CBD with less than 0.3% Delta 9 THC is federally legal.
  • State Regulations: Under Montana law, hemp-derived CBD containing less than 0.3% Delta 9 THC can be sold and consumed without any restrictions or penalties.

In light of these regulations, Montanans should be cautious when purchasing and consuming hemp-derived products. It is essential to understand the legal status of each cannabinoid before making a purchase or using any cannabis-related product.

Potential Changes Delta-8 Laws in Relation to: Is Delta 8 Legal in Montana?

Each state has the power to regulate Delta 8 THC independently, and it is possible that Montana's laws may change once its retail adult-use cannabis system becomes operational. However, for now, delta-eight remains illegal within the state and punishable by law. 

Some states have taken advantage of the federally legalized hemp in 2018 to make decisions on cannabinoids such as CBD, Delta 8 Delta-9 THC, and Delta-10 THC, while others maintain strict regulations. As such, some states have chosen to legalize or decriminalize these substances while others maintain strict regulations against them.

Monitor Changes in Regulations as States Adjust Policies on Cannabinoids

  • Stay informed: Keep an eye on local news sources and official government websites for updates regarding any potential changes in Montana's stance on Delta Eight products.
  • Contact your representatives: Reach out to your local lawmakers if you believe there should be a change in policy surrounding hemp-derived products like Delta-8 THC legal status within The Treasure State.
  • Educate yourself: Learn more about different types of cannabinoids available on the market today including CBD oil tinctures from reputable companies, which are lab-tested items complying with federal regulations ensuring safety standards are met when consuming these substances responsibly.


Is Delta 8 Legal In Montana?: Montana's Delta-8 laws remain relatively restrictive with the substance still being illegal in the state. However, potential changes can and do occur as states adjust their policies on cannabinoids. 

It is important for residents of Montana to stay informed about any changes in regulations and to contact their representatives if they believe there should be a change in policy regarding hemp-derived products. Additionally, it is important to educate yourself on the different types of cannabinoids available on the market today in order to ensure responsible consumption and safety standards are met. 

If you're looking to stay up-to-date on all things related to hemp and cannabis laws in Montana, check out Burning Daily. We provide the latest industry updates and regulations to ensure you can make informed decisions when it comes to hemp and cannabis.

Check out our popular brands like Delta Extrax, Flying Monkey, Ghost Hemp, Kush Burst, Space Walker, Tre  House, and more. Burning Daily has the best selection of quality hemp-derived products available. 


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